1. Define sale of Goods?
Ans:-
"Goods" means every kind of movable property • other than actionable claims and money; • and includes stock and shares, • growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
2.
Distinguish between sale and agreement to
sale?
Ans:-
Sale
Meaning
When in a contract of sale, the exchange of goods for money consideration takes place immediately, it is known as Sale.
Nature :-Absolute
Type of Contract:- Executed Contract
Transfer of risk :-Yes
Title :-In an agreement to sell, the title of goods remains with the seller as there is no transfer of goods. In sale, the title of goods transfers to the buyer with the transfer of goods.
Right to sell:-Buyer
Consequences of subsequent loss or damage to the goods :-Responsibility of buyer
Tax:-GST is charged at the time of sale.
Suit for breach of contract by the seller :- the buyer can claim damages from the seller and proprietary remedy from the party to whom the goods are sold.
Right of unpaid seller :-Right to sue for the price
Agreement to sale
Meaning
When in a contract of sale the parties to contract agree to exchange the goods for a price at a future specified date is known as an Agreement to Sell.
Nature:-Conditional
Type of contract:- Executory Contract
Transfer of risk: No
Title:-In an agreement to sell, the title of goods remains with the seller as there is no transfer of goods.
Consequences of subsequent loss or damage to the goods :-Responsibility of
Tax :- No tax is levied
Suit for breach of contract by the seller :-
Right of unpaid seller . Right to sue for damages.
3. Discuss about different types of Goods?
ANS:
There are three types of Goods which are as follows - (a) Existing Goods (b) Future Goods and (c) Contingent Goods
the existing goods are those goods which are in the legal possession or are owned by the seller at the time of the formulation of the contract of sale. The existing goods are further of the following types: • Specific Goods Unascertained Goods Ascertained Goods
A) Specific Goods • These are goods that are specifically agreed upon between the seller and buyer at the time of making the contract of the sale.
B) Unascertained Goods These are the goods that have not been specifically identified or ascertained at the time of making contract.
Ascertained Goods • This term is not defined in the Act but has been judicially interpreted. Ascertained Goods are those goods which are identified in accordance with the agreement after the contract of sale is made. When from a lot or out of large quantity of unascertained goods, the number or quantity contracted for is identified, such identified goods are called ascertained goods.
future goods have been defined as the goods that will either be manufactured or produced or acquired by the seller at the time the contract of sale is made. • The contract for the sale of future goods will never have the actual sale in it, it will always be an agreement to sell.
Contingent Goods Contingent goods are actually a subtype of future goods in the sense that in contingent goods the actual sale is to be done in the future. • They differ in that they are dependent on a specific contingency. Contingency means "Uncertain event".